[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 594 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 594

  To require a report on invasive agricultural pests and diseases and 
    sanitary and phytosanitary barriers to trade before initiating 
   negotiations to enter into a free trade agreement, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2009

Mr. Casey (for himself and Ms. Stabenow) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To require a report on invasive agricultural pests and diseases and 
    sanitary and phytosanitary barriers to trade before initiating 
   negotiations to enter into a free trade agreement, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agriculture Smart Trade Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Free trade agreement.--The term ``free trade 
        agreement'' means a trade agreement entered into with a foreign 
        country that provides for--
                    (A) the reduction or elimination of duties, import 
                restrictions, or other barriers to or distortions of 
                trade between the United States and the foreign 
                country; or
                    (B) the prohibition of or limitation on the 
                imposition of such barriers or distortions.
            (2) Invasive agricultural pests and diseases.--The term 
        ``invasive agricultural pests and diseases'' means agricultural 
        pests and diseases, as determined by the Secretary of 
        Agriculture--
                    (A) that are not native to ecosystems in the United 
                States; and
                    (B) the introduction of which causes or is likely 
                to cause economic or environmental harm or harm to 
                human health.
            (3) Sanitary and phytosanitary measure.--The term 
        ``sanitary and phytosanitary measure'' has the meaning given 
        that term in the Agreement on the Application of Sanitary and 
        Phytosanitary Measures of the World Trade Organization referred 
        to in section 101(d)(3) of the Uruguay Round Agreements Act (19 
        U.S.C. 3511(d)(3)).

SEC. 3. REQUIREMENT FOR REPORTS BEFORE INITIATING NEGOTIATIONS TO ENTER 
              INTO FREE TRADE AGREEMENTS.

    (a) In General.--Not later than 90 days before the date on which 
the President initiates formal negotiations with a foreign country to 
enter into a free trade agreement with that country, the President 
shall submit to Congress a report on--
            (1) invasive agricultural pests or diseases in that 
        country; and
            (2) sanitary or phytosanitary measures imposed by the 
        government of that country on goods imported into that country.
    (b) Contents of Report.--The report required under subsection (a) 
shall include the following:
            (1) Invasive agricultural pests and diseases.--With respect 
        to any invasive agricultural pests or diseases in the country 
        with which the President intends to negotiate a free trade 
        agreement--
                    (A) a list of all invasive agricultural pests and 
                diseases in that country;
                    (B) a list of agricultural commodities produced in 
                the United States that might be affected by the 
                introduction of such pests or diseases into the United 
                States; and
                    (C) a plan for preventing the introduction into the 
                United States of such pests and diseases, including an 
                estimate of--
                            (i) the number of additional inspectors, 
                        officials, and other personnel necessary to 
                        prevent such introduction and the ports of 
                        entry at which the additional inspectors, 
                        officials, and other personnel will be needed; 
                        and
                            (ii) the total cost of preventing such 
                        introduction.
            (2) Sanitary and phytosanitary measures.--With respect to 
        sanitary or phytosanitary measures imposed by the government of 
        the country with which the President intends to negotiate a 
        free trade agreement on goods imported into that country--
                    (A) a list of any such sanitary and phytosanitary 
                measures that may affect the exportation of 
                agricultural commodities from the United States to that 
                country;
                    (B) an assessment of the status of any petitions 
                filed by the United States with the government of that 
                country requesting that that country allow the 
                importation into that country of agricultural 
                commodities produced in the United States;
                    (C) an estimate of the economic potential for the 
                exportation of agricultural commodities produced in the 
                United States to that country if the free trade 
                agreement enters into force; and
                    (D) an assessment of the effect of sanitary and 
                phytosanitary measures imposed or proposed to be 
                imposed by the government of that country on the 
                economic potential described in subparagraph (C).
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